October 1, 2020 at 11:49 a.m.
Judge cites continued communication with 'girl' in Valentine sentencing decision
Judge cites continued communication with 'girl' in Valentine sentencing decision
By Jamie Taylor-jamie@rivernewsonline.com
In the case of Alexander Valentine, the former Crandon music teacher convicted last month of attempted sexual assault of a child and using a computer to facilitate a sex crime, Oneida County Circuit Judge Michael Bloom stressed that whether there's an actual juvenile at the other end of the conversation or not, it's not too much to ask for an adult man to end a conversation when the other party states unequivocally that they are underage.
According to the criminal complaint, Valentine was charged after he continued to send graphic messages to a person he believed to be a 15-year-old female, asked for nude photos and arranged to meet "her" for sex.
He was arrested at the parking lot of a local business, the purported meeting place. An Oneida County jury took less than 30 minutes Sept. 18 to find him guilty on all counts.
Both of Valentine's parents addressed the court during the Sept. 25 sentencing hearing and insisted the man who sent the messages that were displayed during the trial was not the man they had raised.
His mother said her son always wanted to be a teacher and was now in debt over $100,000 in student loans for a degree his conviction will prevent him from using. She begged the judge to see the man Valentine is, not the one assistant district attorney Jillian Pfeifer - and the text messages - painted at trial.
Valentine's father told Bloom his son has been wracked with depression and anxiety since he accepted the job in Crandon and was separated from his family and friends in La Crosse. The elder Valentine said his son has never done drugs, does not lie and that with COVID-19 prevalent in the state prison system, he faces a harsher than normal penalty behind bars. He also said the Internet Crimes Against Children operation that led to his son's arrest was basically the police lying to trap his son.
Assistant district attorney Jillian Pfeifer began her sentencing argument by stating she was asking Bloom to sentence Valentine to 2 years in prison and 2 years extended supervision on the first count and 5 years behind bars followed by 5 years supervision, to be served consecutively. This would result in 7 years in prison followed by 7 years extended supervision.
She reminded the judge he had heard all the evidence against Valentine during the trial.
"I do think it is important that the gravity of the offense was shown during the trial," she said, adding that it was disheartening to hear law enforcement's conduct described as lying.
She also argued that a bail jumping jumping charge that was dismissed but read in for purposes of sentencing shows Valentine is a threat to society.
Despite a bond condition prohibiting him from accessing the internet, it was discovered he had been on Facebook and Tinder, she said.
"Not only was he violating bond, he was going on social media and a dating website," Pfeifer said. "I think that the blatant disregard for the conditions of bond, and the actual conduct that he was convicted of is important. This is not a mistake, this is not an accident, he was being intentional in his conduct with what he believed to be a 15-year-old female. And he was very explicit about what he wanted to do with and to that female."
She said the seriousness of the crimes warrant Valentine having to serve the sentences consecutively.
"I think if the court doesn't make the sentences consecutive, it would seriously depreciate the seriousness of the crime," Pfeifer said.
Valentine's lawyer Elizabeth Svehlek, asked the judge to "consider all its options" in determining how to sentence her client. She pointed to similar cases in Oneida and surrounding counties where people charged with similar crimes have not had to serve the mandatory minimum sentence of five years. She also said her client was suffering from depression because of the isolation he has experienced since moving to Rhinelander.
"I'm concerned about the effect that prison time will have on his psyche," Svehlek said. "I'm concerned about the long-term consequences to my client."
Speaking on his own behalf, Valentine expressed remorse for his actions.
"After my arrest, I reflected heavily on my life," he said. "I regretted moving to Rhinelander and being alone in the first place. I need to make changes to prevent me from making bad choices again."
He agreed with something Pfeifer said early in the hearing "that these are not excuses, but external factors beyond my control that impairs my ability to make good decisions."
He then asked Bloom to impose a "fair and just" sentence that takes into account who he was, but also who he will be in the future with continued therapy.
While noting that there was nothing in the evidence presented at trial, or in an evaluation that Svehlek had done on her client, that showed Valentine was a pedophile or "predatory individual," the court noted that anyone who communicates the way Valentine did with a person he was told was 15 years old "does have predatory aspects."
"In this case, when you really get down to the marrow in the bone of this situation, you have a situation when you have an adult individual who is typing on a computer, and is speaking to an individual, and the subject matter is sexual in nature, and the other individual says 'oh, by the way, I'm 15.' What society asks, what society expects, what the law demands under those circumstances is that the adult type back 'oh, well I'm sorry, you're going to have to call me in three years," Bloom said.
What is not allowed is for an adult to describe to a minor the kind of "robust sexual behavior" they want to do with someone who identifies that they are a minor, he continued.
"It's not too much to ask that if any adult in the State of Wisconsin engaging in this sort of sexual discussion that did occur in this case becomes aware that the other individual is 15 years of age that they break it off," Bloom said. "It's not too much to ask."
He then sentenced Valentine to 2 years incarceration and 2 years extended supervision on the first count and 5 years incarceration and 3 years supervision on the second charge, to be served concurrently.
As a result of the conviction, Valentine must register as a sex offender and pay court costs.
Jamie Taylor may be reached via email at jamie @rivernewsonline.com.
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